So if you didn't sign the gag order and didn't get severance, does this mean that you can sue on the basis of it being an unlawful offer?
The National Labor Relations Board (NLRB) recently issued a decision in McLaren Macomb restricting two important provisions of a severance agreement – the confidentiality provision and non-disparagement provision. A huge issue for employers is the NLRB opinion applies retroactively to severance agreements already issued to former employees.
If you are an employer and provide severance agreements to employees, I recommend you have them reviewed by an employment lawyer in your state to make sure they are not unlawful.
In the meantime, here are some key points to keep in mind:
Applicability- The new rule is retroactive to severance agreements signed prior to the opinion date of February 21, 2023.
Enforcement - Employers can violate the Act merely by giving an unlawful severance agreement to an employee- it’s irrelevant whether the employee signs it or otherwise agrees to its terms.